Evidence Denied to the Defense

In addition to the fact that there is no physical evidence that connects Giarratano to these murders, there were a number of items, a box of evidence, that the defense has been denied access to, and had turned up missing. For example:

  • The videotape disappeared from the court record without explanation, while the record was in the State Courts.
    ( Footnote, Supplement to Petition for Conditional Pardon By the Governor of the Commonwealth of Virginia. P. 2.)
  • With regard to the amount of bleeding Michelle Kline, the strangulation victim, may have suffered, there is new evidence as well. In a taped interview with an investigator, Barbara Kline’s boss, Peter Mohrmann, who had also been requested by police to identify the bodies, revealed that there was no external bleeding of any quantity:

Q. When you saw Michelle in the bed, was it a bloody scene?

R. No, not at all, she was sprawled over the bed, her legs, from the knee on was hanging down, so eh, there was no blood, no, you would have spotted it.

The sheet in question is shown in the autopsy photos, and was sent to the laboratory, but no lab report on the sheet is in the record.

Footnote: This report on the sheet is an item of evidence that the Attorney General has refused to allow the defense to see.
(Supplement to Petition for Conditional Pardon By the Governor of the Commonwealth of Virginia. Pp. 5-6)

The Attorney General contends that Giarratano ignores the record in asserting that Michelle Kline did not bleed in sufficient quantity for him to have had her blood on his boots. She (Attorney General) points to the autopsy report, which noted fresh bleeding from the vagina as well as injuries indicating sexual abuse; there was blood, she contends as well, on the towel, which covered Michelle’s face. Michelle evidenced no sign of external bleeding.

Footnote: Again, no test report seems to exist on the towel, or at least, the defense has never been allowed to see it.

Supplement to Petition for Conditional Pardon by the Governor of the Commonwealth of Virginia. P. 7

Back to Joe’s Case